Terms and Conditions

Please read the Terms and Conditions of Use carefully before using this website.

All users of this site agree that access to and use of this site are subject to the following Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site.

You can access a child-friendly version of the Terms and Conditions of Use here.

These terms and conditions (“Terms and Conditions”) govern your use of these domains:

www.financialbasics.org.au and www.essimoney.com.au and www.essimoneychallenge.com.au www.financialbasics.iqualify.com (“Website”).

In these Terms and Conditions, Financial Basics Foundation and its related companies , including ESSI Money Pty Ltd ACN 129 432 864 are referred to as “FBF”, “us,” or “we.”

By using this Website and its services you will be bound by these Terms and Conditions and FBF’s Privacy Policy (“Privacy Policy”).

Introduction

Welcome to Financial Basics Foundation Membership.

The Website is owned and operated by the Financial Basics Foundation, ABN 90 114 612 270 and may contain material from FBF.

Your access to, use of, linking to the Website and the Services, use of software or downloading software on the Website including the Learning Management System, ESSI Money Game, Teacher Resources and Curriculum Mapping PDF files on the Website (collectively, your “Access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Website (“Terms and Conditions“), including our data security and privacy policy (available at https://financialbasics.org.au/privacy-policy/ (“Privacy Policy“). Your Access to the Website constitutes your agreement to be bound by the Terms and Conditions and Privacy Policy. FBF reserves the right to amend the Terms and Conditions at any time.

For as long as FBF continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, FBF allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. FBF may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify access for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.

Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.

Disclaimer: The information on this website is general educational information. It is not financial advice. We are not financial advisors. The information is designed to improve your financial literacy by increasing your awareness and understanding of the topics described.

Terms and Conditions

In these Terms and Conditions the following words have the following meanings:

You” are the user of the website;

Website” is the website that you are currently using, and includes www.financialbasics.org.au and www.essimoney.com.auwww.essimoneychallenge.com.auwww.financialbasics.iqualify.com, but does not include non-FBF websites to which those websites link;

Content” is the content of these websites that is visible through use of a web browser.

Member” you are a member of the website if you complete the registration form in order to access our “Services”, and in so doing agree to the Terms and Conditions of the website.

Sponsor and/or Partner” is a third party with which  FBF has entered into an arrangement involving the negotiated provision of funds, goods or services in exchange for advertising, publicity or other benefits.

Services” includes the content, access to programs and resources, courses, videos, games, links, blog, newsletter, and discussion forum provided through the website www.financialbasics.org.au

Educational Resources” are resources provided on the Website by FBF as part of the content of these websites for the use of Educators; Parents/Carers and Young People for educational purposes.

School Syndicate” are the users of this site that are registered, as a group, by their teacher/educator, to play ESSI Money or to undertake the online courses via the Learning Management System as part of a structured lesson plan.

Your Use of this Website

You must not to use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.

You may view the Website using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements).

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • using the Website or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of FBF or which is prohibited by these Terms and Conditions;
  • using the Content for commercial purposes without first obtaining the express written authority of FBF;
  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using the Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security; or
  • uploading commercial content on the site or using the site to solicit others to join or become members of any other commercial online service or other organisation.

This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

If you link to the Website, FBF may revoke your right to so link at any time, at FBF’s sole discretion. FBF reserves the right to require prior written consent before linking to the Website.

You will indemnify and hold FBF, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Registration

You must register to become Member if you wish to access the Services via this Website.

To register to become a Member you must provide the FBF with personal information such as your name, email address and phone number via the Company’s registration form at https://financialbasics.org.au/join/. You must ensure that this information is true, accurate and current, and must ensure the information is updated if necessary. We will handle all personal information we collect in accordance with our Privacy Policy, and FBF reserves the right to cancel your membership and refuse any and all current or future use of this Website if any information provided by you is not true, accurate and current.

If you are under the age of 12 years, you may not create an account or register as a Member. If you are 12 or older but under the age of 18, you represent that you have reviewed these Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Terms and Conditions. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

  • exercise supervision over the Minor’s use of our website and account;
  • assume all risks associated with the Minor’s use of our website and their account, including the transmission of Content or information to and from third parties via the internet;
  • ensure that the Content and information that the Minor may encounter on our Website are suitable for the Minor;
  • assume liabilities resulting from the Minor’s use of our Website and their account;
  • ensure the accuracy and truthfulness of all information submitted by the Minor; and
  • provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms and Conditions on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website

If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.

In order to register and activate your account, you must provide your email address and a password. You are responsible for keeping these details secure and are responsible for all use and activity carried out under these details. Any unauthorized use of either of them must be reported to info@financialbasics.org.au as soon as you are aware of such use and FBF will, as soon as reasonably possible, reset your password and issue a new one.

FBF may, for security or other reasons, require you to change your password or other information which facilitates access to this Website or its Services.

FBF reserves the right to cancel your membership without notice if the Company becomes aware of any breach of these Terms and Conditions by you.

Once FBF has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website. You may cancel your membership at any time by contacting us at info@financialbasics.org.au – or clicking on the “unsubscribe” button on the website.

Accuracy, completeness and timeliness of information

FBF advises that you seek professional advice before relying on any information on this Website. The Content on our Website is not comprehensive, and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Website (including these Terms and Conditions) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.

Dealings with Third Parties

FBF is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. FBF does not control or endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Parties.

The Website may contain links to websites operated by third parties. Such links are provided for convenience only, and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in such websites.

You agree that (to the maximum extent permitted by applicable law) FBF (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.

Copyright

The entire content included on this Website, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks on the Website (“Content“) are the property of FBF and are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the Website.

Your use of the Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these Terms and Conditions or with the express prior written consent of FBF.

FBF consents to the use of such tools for Content made available on the Website for personal and educational purposes. However, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the Website. You may not use the Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. You must not use any spider, screen scraper, robot, or other automated similar software or device (“Prohibited Device“) to use or access the Website in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the Content for any reason, without FBF’s prior written approval. Search engines may access and index content on the Website provided that they obey the Robots Exclusion Standard and exclude documents with METATAG markings designed to preclude access including indexing, archiving or caching. Specific technical queries about search engine use should be emailed to FBF.

FBF will vigorously pursue any breach of its copyright.

You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.

Promotions and Competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In the case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Termination

Without prejudice to any remedy that FBF  may have against you, FBF may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership at any time, including if FBF:

  • reasonably believes that you have breached any of these Terms and Conditions;
  • is unable to verify the accuracy or validity of any information provided by you;
  • or suspects fraudulent, abusive or illegal activity by you,

and FBF will not be responsible for any loss, cost, damage or liability that may arise as a result.

Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.

You may cancel your membership at any time by emailing info@financialbasics.org.au Cancellation will take effect within 7 business days of receipt of your email.

Warranty Disclaimer and Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representation about the Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

FBF has no special relationship with or fiduciary duty to you. You acknowledge that FBF has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall FBF be liable for any direct and indirect loss, damage or expenses – irrespective of the manner in which it occurs – which may be suffered due to your use of the Website and / or the Content, or as a result of the inaccessibility of this website and / or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. The services, Content, Website and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.

Amendment to these Terms and Conditions

FBF reserves the right to amend and alter these Terms and Conditions and any content or information contained on the Website at any time. In the event these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.

If after the Terms and Conditions and/or the Privacy Policy have been amended or altered you do not agree to their terms, you must stop using this Website.

General

If FBF fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.

These Terms and Conditions and the Privacy Policy set out FBF’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and the Privacy Policy and supersedes all representations, communications and prior agreements (written or oral).

Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.

Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.

You must report any violations of these Terms and Conditions to info@financialbasics.org.au

Trademarks

The trademarks listed below unless indicated otherwise, are trademarks of FBF. Where a mark is indicated as a registered mark it is registered in Australia and may also be registered in other countries. Nothing contained on the Website should be construed as being any licence or right of use of any trademark displayed on the Website.

ESSI Money

MONEYIQ

RIGHT ON THE MONEY

Ca$hED Up

Indemnity

You must indemnify and hold harmless FBF and FBF Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

(a) any breach by you of the Terms and Conditions;
(b) reliance by you on any information obtained through the Website;
(c) your access to the Website or any Content; or
(d) reliance upon or use of any Content by any person accessing any Content through your web site.

Not Investment Advice

The Content on the Website provides general information only. It is not intended as investment or financial planning advice and must not be relied upon as such. You should obtain professional financial and investment advice tailored to your specific circumstances prior to making any financial and investment decisions.

Some Content on the Website provides general information about certain financial products. The Website does not provide, and must not be construed as providing, recommendations in relation to any financial products.

Third Party Links and Advertising

The Website contains links to websites operated by third parties (“Linked Sites”). Linked Sites are not under the control of FBF, may not remain current or be maintained, and FBF is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Link”). FBF provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by FBF or FBF Personnel. You access any Linked Site or Subsequent Site entirely at your own risk.

The Website may also contain third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties (“Third Party Material“). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors (“Third Party Websites”). Neither FBF nor FBF Personnel recommends or endorses the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by FBF or FBF Personnel, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Neither FBF nor FBF Personnel endorse or give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Website, Third Party Websites, Linked Sites, or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, Linked Sites or Subsequent Sites.

External parties may link to the home page of the Website provided that the link is a text link only which directs to the home page of [www.financialbasics.org.au] and the link to the Website is identified clearly as such on your site.

Any link to the FBF website must comply with these Terms and Conditions and the link must not, in FBF’s opinion deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Website, nor place the link in any context which may breach any laws, including but not limited to the Australian Consumer Law. FBF is not liable and you agree to indemnify FBF to the extent that any such conduct is found to have occurred.

The link must be made in good faith, and must not in FBF’s reasonable opinion, cause the FBF brand or any FBF trademark to be viewed in a negative or potentially negative light and the link must not defame the Website.

Under no circumstances should you copy the PDF files from the Website and place them directly on your web site.

No other linking is permitted unless it is the subject of a separate specific written agreement between you and FBF.

Governing Law

These Terms and Conditions are governed by, construed and enforced in accordance with the laws of Queensland, Australia. Disputes arising from these Terms and Conditions are subject to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia.

Privacy

FBF recognises that your privacy is important to you. FBF is committed to protecting your personal information.

The following Privacy Statement has been published to provide a clear and concise outline of how and when personal information is collected, stored and distributed by FBF through use by you of www.financialbasics.org.au For more detailed Privacy information on FBF’s information handling practices, please refer to the FBF Privacy Policy or you can contact us at: info@financialbasics.org.au.

We collect personal information about you in order to:

  • allow you to participate in our programs;
  • deliver our programs to individuals, schools and other organisations;
  • support, upgrade and change our programs, resources and initiatives;
  • obtain comments and feedback on, and evaluation of our programs, resources and initiatives;
  • record statistical data for reporting, research and marketing purposes;
  • provide direct marketing, including in the form of emails, SMS, mail or other forms of communication, about programs, resources, initiatives, services or special offers (such as those offered by our sponsors and corporate partners). You may opt out of receiving marketing materials by contacting us using the details set out below, or by using the opt-out facilities provided (e.g. an unsubscribe link) and
  • mange your registration on our website.

Our Privacy Policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at the details set out below.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and the Terms and Conditions.

Term; Termination

These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration process. These Terms and Conditions, or any part of them, may be terminated by FBF without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer and Limitation of Liability shall survive any termination.

Contacting Us

If you wish to make a request regarding your personal information or have a query regarding these Terms and Conditions or our Privacy Policy, please contact FBF using the following contact details:

Our Contact Details

Phone: 0433 477 323
Email: info@financialbasics.org.au
Mail: Financial Basics Foundation C/ Level 10, 12 Creek Street, Brisbane, Qld 4000

Effective Date: [1 June 2023]